Hi and thank you for your question. In the future, you can request me to answer any further questions.
Current law states that the attorney must sign off on all reaffirmations, stating that they are not an undue hardship on the debtor.
If the courts denied the reaffirmation, best you can do is work with the lender, perhaps just resign a new note agreeing to pay (if repaying the debt is crucial to the business).
in most cases, only secured debt -cars, mortgages, etc. are reaffirmed.
what type of debt was this for?
It is a loan with farm servive agency (government) it is secured by my land , house , equipment and cows
we have two john deere tractors and they were on a separate loan with john deere and they were reaffirmed
did the lender send the attorney the reaffirmation in question?
yes he did i dont know what they did with it.
did he say why it was never sent out?
no they didnt think we would come out of the bankruptcy like we did
well, I don't know why they didn't send that one when they sent the others
if they don't give you a reasonable answer, it sounds like your only recourse is to file a complaint against the attorney. However, reaffirmations are not required in a case, so that may not get you far.
Try to work with the lender, usually they will agree to work with you - letting you keep the assets and pay the debt.
the lawyer thought we would have to sell out and be done with it but we lost some credit cards debt and restructured our farm. the fsa would have loaned us more money at 3% interest to get us going better but without the reaff we cant get a loan with them
They still retain their security interest, and may be willing to redo the loan to let you keep them.
Not much else you can do in the case if the court denied the reopen motion.
File your complaint if the attorney unreasonably withheld the reaffirmation.
they say they cant without the reaff. who do i file complaint with
The state attorney resgistration board
do you have a name for west virginia board
i can look, 1moment
how do i get in touch with that person
That is the WV disciplinary board where you can file a complaint
You should talk to the attorney first, perhaps they can make things right
ok but what do you think the borad will say i am very limited on time here before i start selling my cows due to lack of feed.
Your other option is to file a malpractice suit against the attorney. I don't know what the board would say or what the outcome of a malpractice suit would be. Since reaffirmations are not required in bankruptcy, the attorney may not have done anything wrong, I just don't know. Plus there are too many unknown facts, such as what you and the attorney may have discussed previously, what your contract for services states, or if you could even afford the terms of the reaffirmation proposed. This forum is to give general legal information, not to provide legal advice, or to determine the true facts of a case, or to decide if what occurred was right or wrong. If you have another question about bankruptcy for me, I can answer that question, but can't delve into this current question any further, due to this forum's regulations, since this conversation does not create an attorney client relationship. If you wish, you may want to seek out legal counsel to review the possibility for a malpractice claim.
thank you for your help in this matter
how long does 38.00 last me if i hane other questions
If the question is similar, I can answer it now.
i dont have any right now that i can think of.
If you do, feel free to request me in a future question. Thanks for your question, I wish you the best of luck and hope the lender will work with you in the future, keep at them!
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